Settlement and Dispute Resolution

Flashcards summarizing key concepts related to settlement and dispute resolution, including mediation, adjudication, and ethnographic examples.

What is mediation?

A process involving a neutral third party who facilitates negotiation between disputing parties without having the authority to make a binding decision.

What is adjudication?

A legal process where a third party, typically a judge, makes a binding decision in a dispute.

Provide an ethnographic example of mediation.

In India, a Panchayat council of elders mediates a dispute by reaching a consensus and enforcing a fine for a member to reintegrate into the group.

Provide an ethnographic example of adjudication.

In Liberia, a trial by ordeal determines guilt through supernatural means, such as the hot knife test, where the accused's physical reaction is judged.

What is a key distinction between mediation and adjudication?

Mediation involves facilitating discussions and recommending solutions, while adjudication results in a binding decision made by a third party.

In the context of the Panchayat example, what was the nature of the fine imposed?

The fine was a small financial penalty (approximately $5) to allow reintegration into the group.

In the adjudication example from Liberia, what did a guilty verdict result in?

The accused faced public shaming from the village and was required to repay a calf to make amends.

What is the ultimate goal of mediation according to the lecture?

The goal of mediation is to achieve reincorporation and consensus, rather than punishment.

What is the role of social control in maintaining society as discussed in the lecture?

Social control mechanisms, both formal and informal, are essential for cooperation and harmony within society.

Who is Georges Simmel and what concept is he associated with?

A sociologist known for discussing the complexities of human society and social cohesion, highlighting the challenges of individualism versus social structures.